Restraining orders are critical in protecting individuals from harassment, threats, or physical harm, especially in emotionally charged family law disputes such as divorce, child custody battles, and domestic violence cases. If you feel unsafe due to a spouse or partner’s actions, obtaining a restraining order can provide legal protection and peace of mind.
New Mexico courts take allegations of domestic violence, stalking, and harassment seriously. Restraining orders serve as a legal barrier between the victim and the alleged abuser. At Genus Law Group, we help individuals secure protective orders and handle the complexities of family law cases.
What Is a Restraining Order?
A restraining order, also known as an order of protection, is a legal document issued by the court that prohibits an individual from engaging in harmful behavior toward another person. In family law, restraining orders are often used to prevent a spouse or former partner from making contact, restrict access to shared homes, workplaces, or schools, prohibit physical, verbal, or electronic harassment, and establish legal consequences for violations.
When Are Restraining Orders Used in Family Law Cases?
Restraining orders can be issued in various family law situations, particularly those involving domestic violence, child custody disputes, or high-conflict divorces.
Divorce Cases Involving Threats or Abuse
Divorce can be highly emotional, and in some cases, one spouse may become aggressive or abusive. A restraining order may be necessary if a spouse makes threatening remarks, engages in physical violence, has a history of domestic abuse, attempts to control finances, or engages in stalking or harassment.
In these situations, the court may issue a temporary or permanent restraining order to prevent further harm while the divorce proceedings continue.
Child Custody Disputes and Protection Orders
When children are involved in a high-conflict custody battle, a restraining order can protect both the child and the parent. This may be necessary if one parent has a history of domestic violence or substance abuse, is making threatening statements regarding custody or visitation, attempts to take the child without consent, or if the child is experiencing neglect, physical harm, or emotional abuse.
New Mexico courts prioritize the best interests of the child when determining custody. If a parent poses a danger, a restraining order can limit or revoke their custody and visitation rights.
Domestic Violence and Protective Orders
Victims of domestic violence often rely on restraining orders to protect themselves from an abusive spouse, partner, or family member. A protective order can prevent the abuser from making contact through calls, texts, emails, or social media, require them to stay away from the victim’s home, workplace, or school, grant temporary custody and child support to the victim, and enforce firearm restrictions.
New Mexico courts issue restraining orders swiftly in emergency situations to provide immediate protection.
Stalking, Harassment, or Intimidation
Even if physical abuse has not occurred, persistent stalking, harassment, or intimidation can warrant a restraining order. This includes repeated unwanted phone calls or messages, following the victim to work or school, spreading false rumors or threats online, or engaging in financial abuse such as restricting access to bank accounts.
Restraining orders create legal consequences for continued harassment and intimidation.
Types of Restraining Orders in New Mexico
New Mexico courts issue different types of restraining orders depending on the situation:
- Emergency orders of protection are issued immediately if a person is in immediate danger and typically last until a hearing can be scheduled.
- Temporary restraining orders provide short-term protection until a judge determines if a long-term order is necessary.
- Permanent restraining orders are issued after a court hearing and may last for several years or indefinitely, depending on the severity of the case.
Each order has different legal implications, and an attorney can help determine which one best suits the situation.
How to Obtain a Restraining Order in New Mexico
If you need a restraining order in a divorce or family law case, the process typically includes filing a petition, providing evidence, attending a court hearing, ensuring the order is properly served, and enforcing the order if violated.
The petition must include specific details about the threats or harm experienced. Evidence such as police reports, text messages, photos, and witness statements can strengthen the case. If the judge grants a temporary restraining order, a hearing will be scheduled to determine if a permanent order is necessary.
A restraining order must be legally served to the restrained person, typically by law enforcement or a process server. Violations of a restraining order can result in arrest, fines, or jail time.
How a Family Law Attorney Can Help
Navigating a divorce or child custody battle involving restraining orders requires legal expertise. At Genus Law Group, we assist with filing for protection, gathering evidence for court hearings, ensuring custody and safety considerations, and defending against false accusations.
Restraining orders play a crucial role in family law and divorce cases, and having strong legal representation is essential to ensuring safety and legal rights.
What to Do If a Restraining Order Is Violated
If the restrained person violates the court order, you should call law enforcement immediately, document the violation with any relevant evidence, and report it to the court for further legal action. Taking violations seriously ensures that legal protections remain effective.
Contact Genus Law Group Today!
Restraining orders are powerful legal tools that provide protection in divorce, custody disputes, and domestic violence cases. If you or your children are in danger, securing a restraining order can help prevent further harm and create legal consequences for abusive behavior.
At Genus Law Group, we understand the complexities of restraining orders in family law cases. Whether you need help filing for protection, modifying custody arrangements, or defending against false accusations, our experienced attorneys are here to guide you.
If you need legal assistance, call 505-317-4455 or Contact Us through our website today to schedule a confidential consultation. Your safety and peace of mind are our priority.
